chambers articles – Page 58 – Current Awareness

The Pubs Code and the Crisis in the Hospitality Industry – Falcon Chambers

Posted April 24th, 2020 in chambers articles, coronavirus, licensed premises, news by sally

‘Unfortunately, for both pub tenants and pub landlords, under regulation 4 of the Health Protection (Coronavirus, Restrictions) (England) Regulations 2020 (“the Emergency Regulations”), a person responsible for running a pub (amongst various other types of business) must close any premises (or part thereof) in which food and drink are sold for consumption on those premises during the emergency period defined in regulation 3. Any customers would also breach regulation 6 by leaving the place they were living without reasonable excuse.’

Falcon Chambers, April 2020

Source: www.falcon-chambers.com

What Standard of Care Should Hospitals be Held to in the COVID-19 Outbreak? – 39 Essex Chambers

Posted April 24th, 2020 in chambers articles, coronavirus, doctors, health, health & safety, hospitals, negligence, news, nurses, professional conduct, standards by sally

‘It is no secret that Covid-19 is placing huge strain on the NHS, with ramifications across all parts of an already stretched organisation. Hospitals nationwide have been told to prepare for a tsunami of patients demanding very high levels of care. They are having to do so while facing staff shortages and worries over the supply of essential equipment. In an effort to cope, retired doctors and not-yet-fully qualified doctors have been drafted in. In such circumstances, it is inevitable that accidents will happen and errors will be made. Once all of this is over, it is a regrettable fact that litigation will ensue. Will the law step up to protect the professionals who have done so much to save lives and ready the nation for the post-corona world? This short article argues that it can and should, most obviously by recognising that desperate circumstances should be reflected in the standard of care applied to hospitals and medical professionals working in response to Covid-19.’

39 Essex Chambers, 22nd April 2020

Source: www.39essex.com

Adverse Possession by Diverting Rent: The Most Unfair Nonsense – Falcon Chambers

Posted April 24th, 2020 in adverse possession, chambers articles, land registration, news, rent by sally

‘Gary Cowen QC considers a recent decision of the First Tier Tribunal (Land Registration) on adverse possession claims to unregistered land based on the collection of rent for a period of twelve years.’

Falcon Chambers, April 2020

Source: www.falcon-chambers.com

Resuscitation and the value of a disabled person’s life: Triaging and Covid19 – Cloisters

Posted April 24th, 2020 in chambers articles, coronavirus, disability discrimination, disabled persons, equality, human rights, medical treatment, news by sally

‘What is your life worth? If you get Covid19, what criteria do you want clinicians to apply when triaging your case? Choices on withholding treatment have become starkly real in the Covid19 emergency. Such choices should be made on a basis respecting the dignity of the individual patient and not based on stereotypes relating to age or disability. The emergent guidance is not clear on these issues.’

Cloisters, 22nd April 2020

Source: www.cloisters.com

The UK Government’s guidance on combating coronavirus in care homes is inconsistent with WHO standards – Doughty Street Chambers

Posted April 24th, 2020 in care homes, chambers articles, codes of practice, coronavirus, government departments, health, human rights, news, standards by sally

‘This paper contributes a combined human rights perspective and an infection prevention and control perspective to the COVID-19 situation in long-term care homes in the UK.’

Doughty Street Chambers, 21st April 2020

Source: insights.doughtystreet.co.uk

R (Joint Council for the Welfare of Immigrants) v Secretary of State for the Home Department – Blackstone Chambers

Posted April 24th, 2020 in appeals, chambers articles, equality, housing, human rights, immigration, landlord & tenant, news by sally

‘The Court of Appeal (Davis, Henderson and Hickinbottom LJJ) has today [21 April] handed down judgment in this case. It has allowed the Secretary of State’s appeal against the High Court’s conclusion that the “right to rent” scheme, set out in sections 20-37 of the Immigration Act 2014, is incompatible with Article 14 ECHR (read with Article 8).’

Blackstone Chambers, 21st April 2020

Source: www.blackstonechambers.com

HMT Direction issued on furlough under the Coronavirus Job Retention Scheme – 11KBW

Posted April 24th, 2020 in chambers articles, coronavirus, emergency powers, employment, news, practice directions, remuneration by sally

‘Since announcing the Coronavirus Job Retention Scheme (the “Scheme”) in mid-March, the Government has issued several iterations of Guidance which explain the Scheme – not all in the same way. On 15 April 2020, HMT issued the ‘Coronavirus Act 2020 Functions of Her Majesty’s Revenue and Customs (Coronavirus Job Retention Scheme) Direction’ (the “Direction”). It is the Direction which finally provides a basis in law for the Scheme and to which close attention should now be paid.’

11KBW, April 2020

Source: www.11kbw.com

“The Devil Finds Work for Idle Hands” COVID-19’s Unwanted Cyber Side Effect – The 36 Group

Posted April 23rd, 2020 in chambers articles, computer crime, coronavirus, internet, news by sally

‘Cyber-crime is, at the best of times an evolving topic, in these exceptional times it is extremely fluid, as the ingenuity of the cybercriminal finds fertile ground upon which to prosper. We have in the recent past (literally) applauded the many positive actions that have emanated from this time extraordinary hardship and loss. Sadly, the recipe of “The devil finds work for idle hands” combined with the concept that the exceptional provides opportunity, cybercriminal ingenuity and a general state of latent fear, provides a meal of unrivalled opportunity for those with malevolent intent. The phrase “stay safe” is now of common occurrence. We need to be saying “stay safe” and “stay cyber safe” in these extraordinarily turbulent times.’

The 36 Group, 22nd April 2020

Source: 36group.co.uk

Coronavirus & Arbitration: Institutional Responses, Challenges and Practical Tips (Part Two) – 39 Essex Chambers

Posted April 23rd, 2020 in arbitration, chambers articles, coronavirus, dispute resolution, live link evidence, news by sally

‘In the second of two articles looking at the impact of coronavirus on international arbitration,[1] we consider the following two questions:

1. What challenges must arbitration overcome in order to fully adapt to the demands of remote working?
2. How, practically, can these challenges be met?’

39 Essex Chambers, 23rd April 2020

Source: www.39essex.com

Coronavirus & Arbitration: Institutional Responses, Challenges and Practical Tips (Part One) – 39 Essex Chambers

Posted April 23rd, 2020 in arbitration, chambers articles, coronavirus, dispute resolution, live link evidence, news by sally

‘The ongoing global pandemic created by Covid-19 (‘coronavirus’) has led to unprecedented restrictions on how we conduct our professional lives. In a matter of weeks, businesses around the world have had to make adjustments which, under different circumstances, would have been made over years – or not at all. The dispute resolution sector is no different.’

39 Essex Chambers, 20th April 2020

Source: www.39essex.com

When is it unfair to conduct a hearing remotely? A look at Re P (A Child: Remote Hearing) [2020] EWFC 32 – St Philips Chambers

Posted April 23rd, 2020 in arbitration, chambers articles, coronavirus, dispute resolution, news, remote hearings by sally

‘In the current climate the court and all parties are having to grapple with the thorny issue of the appropriateness for a family law hearing to proceed remotely; particularly concerning contested issues.’

St Philips Chambers, 22nd April 2020

Source: st-philips.com

Access to justice in remote hearings in the Court of Protection and Family Courts – Spire Barristers

Posted April 23rd, 2020 in chambers articles, coronavirus, Court of Protection, courts, family courts, live link evidence, news, remote hearings by sally

‘The Lord Chief Justice, the Master of the Rolls and President of the Family Division have written to Circuit and District Judges of the Civil and Family Courts to record their appreciation for the efforts being made across all parts of the judiciary to adapt to new styles of working during the pandemic. They observe that there has been a great deal that has been learned quickly about the practical benefits and limitations of conducting hearings remotely and extensive materials and support have been shared across the legal community to facilitate such hearings being undertaken.’

Spire Barristers, 20th April 2020

Source: spirebarristers.co.uk

Do Me a Favour… But How? Helping your counterparties without risking your contractual rights – Radcliffe Chambers

Posted April 23rd, 2020 in chambers articles, company law, contracts, news by sally

‘A lot of attention has focused recently on how to get out of contracts by relying on frustration or force majeure. In the near future, there will be a reckoning of who has behaved well and who has behaved badly, irrespective of their legal rights. In this article, we look at ways in which our less cynical clients can do their commercial counterparties a favour, to help them get through the short term, without running the risk of losing their legal rights in the long term. While our clients might well want to help out the people with whom they do business, they would not want to lose out if they had to prove in a subsequent insolvency.’

Radcliffe Chambers, 22nd April 2020

Source: radcliffechambers.com

Vaccination of Children in Care – St Philips Chambers

Posted April 23rd, 2020 in care orders, chambers articles, children, consent, duty of care, families, local government, medical treatment, news, parental rights, vaccination by sally

‘In the coming weeks and months, we are likely to be hearing more and more about a vaccine against coronavirus, and possible pressure and expectations to relax the regulations and timescales around trialling it. Parents are likely to be asked to consider and consent to a vaccine that they may have reservations about. Of course, we currently live in a country where recommended vaccinations are not mandatory, but require parents’ consent. It is not inconceivable that England & Wales will move to effectively requiring mandatory vaccination in order to access other services such as schools and nurseries. Pause for a minute and think of the implications for local authorities and foster placements.’

St Philips Chambers, 14th April 2020

Source: st-philips.com

Covid19, Force Majeure and Frustration – Thomas More Chambers

Posted April 23rd, 2020 in chambers articles, contracts, coronavirus, news by sally

‘The Covid19 pandemic and subsequent lockdown have created chaos for many businesses, rendering performance of existing contractual obligations difficult or impossible. This article looks at the potential legal remedies available to businesses facing such difficulties.’

Thomas More Chambers, 22nd April 2020

Source: www.thomasmore.co.uk

Coronavirus Act 2020 and the powers of the government to manage individuals infected with Covid-19: How will it affect those who fall ill? (UPDATE) – 3PB

Posted April 22nd, 2020 in chambers articles, coronavirus, emergency powers, enforcement, government departments, news by sally

‘The Coronavirus Act 2020 (“the Act”) came into force on 25th March 2020. Among other things, the Act confers powers on public health officers, constables, and immigration officers to enable them to manage potentially infectious persons during the Covid-19 crisis. Schedule 21 of the Act contains provisions that enable the relevant officials to exercise their powers in respect of individuals in England, Wales and Scotland. This article will only focus on Part 2 of Schedule 21, which pertains to the powers of the government in England.’

3PB, 17th April 2020

Source: www.3pb.co.uk

The Health Protection (Coronavirus Restrictions) Regulations 2020 – Pump Court Chambers

Posted April 22nd, 2020 in chambers articles, coronavirus, emergency powers, health, news, statutory interpretation by sally

‘Justin Gau introduces us to The Health Protection (Coronavirus Restrictions) Regulations 2020. The regulations were introduced as a response to the serious and imminent threat to public health posed by the Coronavirus. In accordance with section 45R of the Public Health (Control of Disease) Act 1984, the Secretary of State was of the opinion that, by reason of urgency, it was necessary to make this statutory instrument without a draft having been laid before, and approved by each House of Parliament.’

Pump Court Chambers, 17th April 2020

Source: www.pumpcourtchambers.com

Covid-19 and homelessness applications – Doughty Street Chambers

Posted April 22nd, 2020 in chambers articles, coronavirus, homelessness, housing, local government, news by sally

‘The onset of Covid-19 gave rise to a massive effort to provide health care services and accommodation for homeless persons. This includes not just those people who are rough sleeping, but also those otherwise at risk without a home, such as those living in hostels and B&B accommodation. A range of organisations have assisted in this process, from medical health professionals to local authorities, who have procured empty hotels and other spaces for homeless persons to self-isolate as well as acted on the government’s guidance to keep temporary accommodation open.’

Doughty Street Chambers, 17th April 2020

Source: insights.doughtystreet.co.uk

To Me, To You: Offsetting Costs and QOCS Are Compatible, For Now. Siu Lai Ho V Seyi Adelekun [2020] EWCA Civ 517 – Parklane Plowden

Posted April 22nd, 2020 in appeals, chambers articles, civil procedure rules, costs, news, personal injuries by sally

‘The original dispute pertained to a claim (issued by the Respondent in these proceedings) which started under, and then exited, the Low Value Personal Injury Claims in Road Traffic Accidents Protocol. On the first visit to the Court of Appeal, the issue was whether the Appellant’s (the Defendant in the original dispute) cost liability in respect of the ex-portal claim was limited to fixed costs. The Court of Appeal held that the fixed costs regime for which Section IIIA of CPR Part 45 provides was applicable and the parties had not contracted out of fixed costs. Absent any application by the Respondent pursuant to CPR 45.29J for a higher amount by reason of “exceptional circumstances”, the Respondent was thus entitled to £16,705.15 in respect of her costs of the claim. Resultingly, both parties had cost liabilities: the Appellant in regards to the ex-portal claim, and the Respondent in respect of the appeal.’

Parklane Plowden, 17th April 2020

Source: www.parklaneplowden.co.uk

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